Legal Medical Marijuana Has Some Worried

Published: Saturday, March 23, 2013 at 11:08 p.m.

Last Modified: Saturday, March 23, 2013 at 11:08 p.m.

LAKELAND | A suddenly deep-pocketed campaign by People United for Medical Marijuana could reinvigorate an effort to legalize medical marijuana in Florida and put a constitutional amendment in front of voters in 2014.

And some Polk County law enforcement agencies already are opposing the idea.

Sheriff Grady Judd, who is the Florida Sheriff's Association vice president and never shy about taking a political stance, said he plans to fight any effort to legalize medical marijuana.

If the campaign for an amendment were successful, Florida would follow 18 states and the District of Columbia in legalizing medical marijuana. Most concerns about legalization focus on dispensaries that distribute marijuana to patients with certain illnesses.

"We're going to have to police those streets, and it's going to cost the government more money," he said, "which means it's going to cost the people more money so a select few can walk around stoned."

Winter Haven Police Chief Gary Hester said he worries the dispensaries could become targets for robberies.

"There's a myth that if we decriminalize it, it takes the profit out of it, and the crime around it goes away," he said. "It's evident with prescription drugs — that doesn't eliminate the problem."

Legalizing medical marijuana could complicate the work of patrol officers, said Haines City Police Chief Rick Sloan. Officers would have to determine whether someone has a prescription and whether the amount they have exceeds the legal threshold.

"It's really just another headache for law enforcement to deal with it," Sloan said.

The Florida Department of Law Enforcement declined to comment on the issue.

Judd said Florida would see a broadening use of marijuana beyond the intended patients.

"We see that there are all types of marijuana out there," he said. "If nothing else, it will give the illusion that it's a safe drug and will encourage more use by children."

CLAIMS, NOT FACTS

Researchers have only begun to look into the impact of dispensaries on neighborhoods. A study by the University of California, Los Angeles, examined dispensaries in Sacramento. It had a limited scope, but it suggested no correlation between crime and dispensaries.

More studies are needed before broader conclusions can be drawn, particularly whether the presence of a dispensary affects crime, said Bridget Freisthler, associate professor of social welfare at the university.

"You hear law enforcement, community activists, everybody making claims," said Freisthler, who was involved in the Sacramento study and is in the middle more research. "But what we really know is actually quite small."

Some point to California as a model to avoid because the state legalized medical marijuana and left the details to municipal governments, she said. It led to a patchwork approach to regulation: Some attempted to ban dispensaries. Some worked closely with advocates to create a system. Some did nothing.

The best approach? Implement statewide regulation from the start, Freisthler said, so Florida doesn't have to play catch up.

"We don't know a lot of what the effects are going to be," she said. "But if Florida can come up with a regulatory plan that is sensible and can be enforced, that could stop some of the problems seen in California."

FLORIDA'S PROPOSED LAW

People United for Medical Marijuana, begun four years ago with a meager budget, has recruited lawyer John Morgan of Morgan & Morgan, to lead its effort. The addition means millions of dollars to gather signatures and put a constitutional amendment on a 2014 ballot.

Lake Worth Sen. Jeff Clemens and Sunrise Rep. Katie Edwards, both Democrats, have introduced a bill this year that would legalize medical marijuana.

The bill outlines regulations, such as a list of qualifying illnesses, including Alzheimer's disease, cancer and "chronic debilitating pain. The most a patient, or a patient's caregiver, could have at one time is 4 ounces of dried marijuana or eight plants.

The proposed law doesn't appear to limit the number of dispensaries in the state.

People United for Medical Marijuana hasn't reviewed the bill's details, said Ben Pollara, the group's treasurer and campaign manager. But it envisions a tightly regulated system that wouldn't impact law enforcement.

"Unlike California, we want something that is heavily regulated and with clear instructions to the Legislature to set up a system to manufacture and distribute medical marijuana," Pollara said. "If we do that, a lot of law enforcement issues would be alleviated."

MASSACHUSETTS LAW

Massachusetts legalized medical marijuana in November, and is in the midst of creating a regulatory system. The state's health department is expected to release guidelines in May, and law enforcement is keeping a close watch.

It's difficult to predict what issues the regulations could create for law enforcement, said Wayne Sampson, executive director of Massachusetts Chiefs of Police. Sampson, too, is concerned about the activity that could crop up around dispensaries.

"It's like a package store," he said. "People hang outside and ask for you to buy them a six-pack."

The state limits the number of dispensaries to 35 in the program's first year — a maximum of five facilities for each county. Sampson said some residents are concerned the locations could proliferate. Some cities have tried preemptively to ban them from their areas.

Sampson argues the state's definition for medical conditions for which a patient can receive marijuana is too broad.

The law also limits the amount of marijuana a patient can have to a 60-day supply. The health department must define what that amount equals.

"That just shows you how technical it gets and how difficult it's going to be for any state to really regulate this," he said.

Another issue raised is the role of the federal Drug Enforcement Administration, which has said it won't investigate patients legally using marijuana for an illness under state law. Marijuana remains illegal under federal law.

"Anybody who violates the controlled substances act, which is federal drug law, runs the risk of arrest and prosecution," said Rusty Payne, a DEA spokesman. "That said, our focus is on large scale organizations.

"Every case is different. Every U.S. attorney is different in terms of whether to bring charges. There is no one answer."

The issue, he said, is "definitely not going anywhere for a while."

[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com or 863-802-7590. ]

<p>LAKELAND | A suddenly deep-pocketed campaign by People United for Medical Marijuana could reinvigorate an effort to legalize medical marijuana in Florida and put a constitutional amendment in front of voters in 2014.</p><p>And some Polk County law enforcement agencies already are opposing the idea.</p><p>Sheriff Grady Judd, who is the Florida Sheriff's Association vice president and never shy about taking a political stance, said he plans to fight any effort to legalize medical marijuana.</p><p>If the campaign for an amendment were successful, Florida would follow 18 states and the District of Columbia in legalizing medical marijuana. Most concerns about legalization focus on dispensaries that distribute marijuana to patients with certain illnesses. </p><p>Judd argues the areas surrounding dispensaries would see lower property values and higher crime rates.</p><p>"We're going to have to police those streets, and it's going to cost the government more money," he said, "which means it's going to cost the people more money so a select few can walk around stoned."</p><p>Winter Haven Police Chief Gary Hester said he worries the dispensaries could become targets for robberies.</p><p>"There's a myth that if we decriminalize it, it takes the profit out of it, and the crime around it goes away," he said. "It's evident with prescription drugs — that doesn't eliminate the problem."</p><p>Legalizing medical marijuana could complicate the work of patrol officers, said Haines City Police Chief Rick Sloan. Officers would have to determine whether someone has a prescription and whether the amount they have exceeds the legal threshold.</p><p>"It's really just another headache for law enforcement to deal with it," Sloan said.</p><p>The Florida Department of Law Enforcement declined to comment on the issue.</p><p>Judd said Florida would see a broadening use of marijuana beyond the intended patients.</p><p>"We see that there are all types of marijuana out there," he said. "If nothing else, it will give the illusion that it's a safe drug and will encourage more use by children."</p><p>CLAIMS, NOT FACTS</p><p>Researchers have only begun to look into the impact of dispensaries on neighborhoods. A study by the University of California, Los Angeles, examined dispensaries in Sacramento. It had a limited scope, but it suggested no correlation between crime and dispensaries.</p><p>More studies are needed before broader conclusions can be drawn, particularly whether the presence of a dispensary affects crime, said Bridget Freisthler, associate professor of social welfare at the university.</p><p>"You hear law enforcement, community activists, everybody making claims," said Freisthler, who was involved in the Sacramento study and is in the middle more research. "But what we really know is actually quite small."</p><p>Some point to California as a model to avoid because the state legalized medical marijuana and left the details to municipal governments, she said. It led to a patchwork approach to regulation: Some attempted to ban dispensaries. Some worked closely with advocates to create a system. Some did nothing.</p><p>The best approach? Implement statewide regulation from the start, Freisthler said, so Florida doesn't have to play catch up.</p><p>"We don't know a lot of what the effects are going to be," she said. "But if Florida can come up with a regulatory plan that is sensible and can be enforced, that could stop some of the problems seen in California."</p><p>FLORIDA'S PROPOSED LAW</p><p>People United for Medical Marijuana, begun four years ago with a meager budget, has recruited lawyer John Morgan of Morgan & Morgan, to lead its effort. The addition means millions of dollars to gather signatures and put a constitutional amendment on a 2014 ballot.</p><p>Lake Worth Sen. Jeff Clemens and Sunrise Rep. Katie Edwards, both Democrats, have introduced a bill this year that would legalize medical marijuana. </p><p>The bill outlines regulations, such as a list of qualifying illnesses, including Alzheimer's disease, cancer and "chronic debilitating pain. The most a patient, or a patient's caregiver, could have at one time is 4 ounces of dried marijuana or eight plants.</p><p>The proposed law doesn't appear to limit the number of dispensaries in the state.</p><p>People United for Medical Marijuana hasn't reviewed the bill's details, said Ben Pollara, the group's treasurer and campaign manager. But it envisions a tightly regulated system that wouldn't impact law enforcement.</p><p>"Unlike California, we want something that is heavily regulated and with clear instructions to the Legislature to set up a system to manufacture and distribute medical marijuana," Pollara said. "If we do that, a lot of law enforcement issues would be alleviated."</p><p>MASSACHUSETTS LAW</p><p>Massachusetts legalized medical marijuana in November, and is in the midst of creating a regulatory system. The state's health department is expected to release guidelines in May, and law enforcement is keeping a close watch.</p><p>It's difficult to predict what issues the regulations could create for law enforcement, said Wayne Sampson, executive director of Massachusetts Chiefs of Police. Sampson, too, is concerned about the activity that could crop up around dispensaries. </p><p>"It's like a package store," he said. "People hang outside and ask for you to buy them a six-pack."</p><p>The state limits the number of dispensaries to 35 in the program's first year — a maximum of five facilities for each county. Sampson said some residents are concerned the locations could proliferate. Some cities have tried preemptively to ban them from their areas.</p><p>Sampson argues the state's definition for medical conditions for which a patient can receive marijuana is too broad. </p><p>The law also limits the amount of marijuana a patient can have to a 60-day supply. The health department must define what that amount equals.</p><p>"That just shows you how technical it gets and how difficult it's going to be for any state to really regulate this," he said.</p><p>Another issue raised is the role of the federal Drug Enforcement Administration, which has said it won't investigate patients legally using marijuana for an illness under state law. Marijuana remains illegal under federal law.</p><p>"Anybody who violates the controlled substances act, which is federal drug law, runs the risk of arrest and prosecution," said Rusty Payne, a DEA spokesman. "That said, our focus is on large scale organizations.</p><p>"Every case is different. Every U.S. attorney is different in terms of whether to bring charges. There is no one answer."</p><p>The issue, he said, is "definitely not going anywhere for a while."</p><p>[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com or 863-802-7590. ]</p>